Eviction of rental property

Eviction of rental property

Eviction of leased premises by the landlord is a measure that can only be used in certain circumstances. Eviction involves forcing the tenant to vacate the premises. This is a forced eviction. This can have far-reaching consequences for the tenant. Eviction of business premises is in principle possible in the event of default and termination of the lease. The degree of eviction protection then depends on the type of premises.

When can you vacate a business space?

In principle, the landlord can evict a commercial property if the lease has been terminated in case of default. This is the case, for example, if the tenant structurally fails to pay the rent. Eviction is also possible if the lease has been terminated. Simultaneously with the termination, the landlord gives notice of eviction. In both situations, the tenant may not leave voluntarily. Then the court offers a solution.

Clearing business premises through the courts

If the (former) tenant does not voluntarily vacate the premises, the landlord may evict progress at the cantonal court. In certain circumstances, however, eviction cannot be required to await the court's ruling in a proceedings on the merits. Then a summary proceedings be instituted. The condition for this is that it is plausible that the proceedings on the merits will show that eviction is justified. Finally, if the eviction claim is granted, the actual eviction will take place with the assistance of a bailiff. This is accompanied by a locksmith and an auxiliary prosecutor.

Eviction protection business premises

When the tenant must vacate the premises on the grounds of default (and thus a terminated lease), he does not enjoy any evacuation protection. This is different with regard to the termination of an office space lease (230a lease). Because there are no legal rules regarding the duration and termination of an office space lease, the tenant is protected from eviction. First of all, he has a period of two months from the date against which the eviction was notified to go to court. He can then ask the court not to have to vacate the leased property yet. This period can be extended up to three years under certain circumstances. However, there is no statutory eviction protection for medium-sized business premises (290 rentals). However, there is notice protection for these rentals.

Rent law lawyer for eviction of business premises

If you want to evict a business space, or the landlord is threatening to do so, contact the rental law attorney at Lexys Lawyers. They can tell you more about eviction of business premises.